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The following terms and conditions govern all use of the candidgirls.io website and all content, services and products available at or through the website, including, but not limited to, candidgirls.io Forum Software, candidgirls.io Support Forums and the candidgirls.io Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by candidgirls.io. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, candidgirls.io’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by Candid Girls Inc. (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by candidgirls.io, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your candidgirls.io Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify candidgirls.io of any unauthorized uses of your account or any other breaches of security. candidgirls.io will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video file, document, computer software or any other type of electronic file or information. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by candidgirls.io or otherwise.

3. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, candidgirls.io has the right (though not the obligation) to, in candidgirls.io’s sole discretion (i) refuse or remove any content that, in candidgirls.io’s reasonable opinion, violates any candidgirls.io policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in candidgirls.io’s sole discretion. candidgirls.io will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal

General Terms

Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay candidgirls.io the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

Automatic Renewal

Unless you notify candidgirls.io before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

5. Services

Hosting, Support Services

Optional Hosting and Support services may be provided by candidgirls.io under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

6. Responsibility of Website Visitors

candidgirls.io has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, candidgirls.io does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. candidgirls.io disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which candidgirls.io links, and that link to candidgirls.io. candidgirls.io does not have any control over those non-candidgirls.io websites and webpages, and is not responsible for their contents or their use. By linking to a non-candidgirls.io website or webpage, candidgirls.io does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. candidgirls.io disclaims any responsibility for any harm resulting from your use of non-candidgirls.io websites and webpages.

8. Copyright Infringement and DMCA Policy

As candidgirls.io asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by candidgirls.io violates your copyright, and if this website resides in the USA, you are encouraged to notify candidgirls.io in accordance with candidgirls.io Digital Millennium Copyright Act (“DMCA”) Policy. candidgirls.io will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. candidgirls.io will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of candidgirls.io or others. In the case of such termination, candidgirls.io will have no obligation to provide a refund of any amounts previously paid to candidgirls.io.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website (candidgirs.io) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing candidgirls.io’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512©(3) to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on candidgirls.io are covered by a single notification, a representative list of such works at that website.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit candidgirls.io to locate the material.
  • Providing URLs in the body of an email is the best way to help us locate content quickly.
  • Information reasonably sufficient to permit candidgirls.io to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on candidgirls.io are covered by a single notification, a representative list of such works at that website.

candidgirls.io’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

@DMCA

For clarity, only DMCA notices should go to the candidgirls.io’s Designated Copyright Agent.
Any other feedback, comments, requests for technical support or other communications should be directed to candidgirls.io’s customer service through the candidgirls.io Contact Center.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

9. Intellectual Property

This Agreement does not transfer from candidgirls.io to you any candidgirls.io or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with candidgirls.io. candidgirls.io, the candidgirls.io logo, and all other trademarks, service marks, graphics and logos used in connection with candidgirls.io, or the Website are trademarks or registered trademarks of candidgirls.io or candidgirls.io’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any candidgirls.io or third-party trademarks.

10. Advertisements

candidgirls.io reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.

11. Attribution

candidgirls.io reserves the right to display attribution links such as ‘Powered by candidgirls.io,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the candidgirls.io toolbar may not be removed regardless of upgrades purchased.

12. Changes

candidgirls.io reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. candidgirls.io may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination

candidgirls.io may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your candidgirls.io account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties

The Website is provided “as is”. candidgirls.io and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither candidgirls.io nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

15. Limitation of Liability

In no event will candidgirls.io, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to candidgirls.io under this agreement during the twelve (12) month period prior to the cause of action. candidgirls.io shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the candidgirls.io Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification

You agree to indemnify and hold harmless candidgirls.io, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Service is not intended for persons under 18. If you are under 18 years of age, then please do not use the Service.

19. Miscellaneous

This Agreement constitutes the entire agreement between candidgirls.io and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of candidgirls.io, or by the posting by candidgirls.io of a revised version.

This document is CC-BY-SA. It was last updated May 31, 2013.